5/26/2007

School gains land through eminent domain: East Aurora NY Advertiser, 5/16/07

By Jeremy Morlock

Five-acres of vacant land which had been owned by Fisher-Price have been acquired by the East Aurora School District through eminent domain proceedings, School Board President Daniel Brunson announced Tuesday night.

The School Board first voted to move ahead with eminent domain proceedings in 2005 to allow for a possible expansion of the Parkdale Elementary building.

Voters approved that expansion plan in January as part of the school's Capital Facilities Project. The proposition for the Capital Facilities Project also included language allowing the school to continue with eminent domain proceedings, and set aside a maximum allowance of $310,000 for acquiring the land.

Gaining title to the land in question is necessary for state approval of the Parkdale expansion project.

According to a document provided to the East Aurora Advertiser by Brunson, the New York State Supreme Court granted the school's petition for the land on April 10. Fisher-Price did not file an objection to the petition, and waived the right to appeal the decision. The company has one year to file a claim for additional compensation if it deems the school's payment to be too low.

In the same document, the school recognized the company's role and history in the East Aurora community, and said, "The district regrets that a negotiated settlement could not be reached with Fisher-Price, but is confident that just compensation will be awarded by the court in a manner fair to both parties."

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